HomeMy WebLinkAbout1000-78.-5-4 OFFICE LOCATION: ®� a� So11tj MAILING ADDRESS:
Town Hall Annex '� P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Telephone: 631 765-1938
Southold, NY 11971 _ �O ]P
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
From: Mark Terry, AICP
LWRP Coordinator
Date: July 11, 2024
Re: LWRP Coastal Consistency Review for ROBERT F. SPITZENBERG, Jr.
SCTM# 1000-78-5-4
En-Consultants on behalf of ROBERT F. SPITZENBERG, Jr. requests a Wetland Permit for the existing two-
story dwelling with existing seaward side deck and steps; proposed unenclosed front porch with steps over
existing concrete porch; and to perpetually maintain the existing 10' wide non-turf buffer located along the
landward edge of the bulkhead. Located: 375 Elizabeth Lane, Southold. SCTM# 1000-78-5-4
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based
upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as
well as the records available to me, it is my recommendation that the action is INCONSISTENT with policy 6.3
of the LWRP.
• The deck structure was constructed without a Wetlands Permit.
• The structure is located within FEMA Flood Zone X 0.2 Percent Annual Chance Flood Hazard.
The screen porch addition is EXEMPT.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Cc: Honorable Lori Hulse, Attorney
Town of Southold
RECEIVED
LWRP CONSISTENCY ASSESSMENT FORM JUL 0 3 2024
A. INSTRUCTIONS soot old Town
I, All applicants for permits* including Town of Southold agencies, shall c m let� fit1���A� for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area:
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its si nificant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in detail, listing both supporting and non-
supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 78 - s 4
PROJECT NAME Robert F. Spitzenberg,Jr.
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital ❑
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy) ❑
(c) Permit, approval, license, certification:
Nature and extent of action:
As-built construction of 330 sf attached deck with 3.4'x 7'steps on waterside of existing 1,546 sf 2-story dwelling,as depicted on the
survey prepared by Nathan Taft Corwin III Land Surveyor,last dated April 5,2024.
The proposed construction of a 7.4'x 14.7'unenclosed porch with steps,which is located more than 75 feet from wetlands and
constitutes less than 25%of the existing dwelling structure, is a"minor action"that is exempt from waterfront consistency review
pursuant to Southold Town Code §268-5("Review of Actions")and the corresponding definitions of"actions"and"minor actions"by
§286-3 ("Definitions"),i.e., "BB.Additions to an existing dwelling constituting less than 25%of the existing structure where the
addition is greater than 75 feet from a natural protective feature,except where the parcel is located in a coastal erosion hazard area."
Location of action: 375 Elizabeth Lane,Southold
Site acreage: 21,679 sq. ft.
Present land use: Residential,single-family dwelling with deck.
Present zoning classification: R-40
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: Robert F. Spitzenberg,Jr.
(b) Mailing address: 344 Terry Court
Southold,NY 11971
(c) Telephone number: Area Code 516-770-4375
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ❑ No® If yes, which state or federal agency?
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
1-1 Yes No ® Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
❑Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
❑Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
®Yes ❑ No ❑ Not Applicable
� R
The application seeks a wetland permit for an existing deck attached to the waterside of the house,which based on a review of available
aerial photographs was constructed prior to 1985 but has no permitting history. Legalization of the deck,which has been situated in the
same location for more than 40 years,approximately 53 feet from the surface waters of the adjacent canal and landward of an existing
10-foot non-turf buffer adjacent to the existing bulkhead,will have no adverse impacts on the quality or function of the adjacent surface
waters or littoral zone tidal wetlands.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes No® Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
1-1 YesFIN o® Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
r c
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62
through 65 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
PREPARED BY TITLECoastal Management Specialist DATE May 2,2024
Robert E. Hemn
Amended on 811105
ao� � Town of Southold
Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM
PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A
"2e*� 1000 78 5 4 STORM-WATER,GRADING,DRAINAGE AMP EROSION CONTROL PLAN
iI3 s rt icf Section Block Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK.
SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM#/WORK ASSESSMENT Yes No
a.What is the Total Area of the Project Parcels? 1 Will this Project Retain All Storm-Water Run-Off
(include Total Area of all Parcels located within the Scope of work for Proposed Construction) 21,679 sf Generated by a Two(2")Inch Rainfall on Site? ❑(S.F./Acres)) (This item will include all run-off created by site
b,What is the Total Area of Land Clearing clearing and/or construction activities as well as all
and/or Ground Disturbance for the proposed Site improvements and the permanent creation of
construction activity? (S.F./Acres) impervious surfaces.)
2 Does the Site Plan and/or Survey Show All Proposed
PROVIDE BRIEF PROJECT DESCRIPTION(Provide Additional Pages as Needed)) Drainage structures Indicating Size&Location?This
item shall include all proposed Grade Changes and
Construct a 7.4'x 14.7'unenclosed front porch addition,with 4. Slopes Controlling Surface Water Flow,
x 3'steps,over existing concrete porch;maintain existing 330 sf 3 Does the Site Plan and/or Survey describe the erosion
attached deck,with 3.4'x 7'steps,on waterside of existing 1,546 and sediment control practices that will be used to
sf 2-story dwelling;and maintain existing 10-ft wide non-turf control site erosion and storm water discharger.This
buffer adjacent to bulkhead,all as depicted on the survey Item must be maintained throughout the Entire
Construction Period.
prepared by Nathan Taft Corwin III Land Surveyor, last dated
April 5,2024. 4 Will this Project Require any Land Fillin�,Gradin or ❑
Excavation where fhere is a change to a Nat ur i
Existing Grade involving more than 200 Cubic Yards
of Material within any Parcel?
5 Will this Application Require Land Disturbing Activities ❑ X
Encompassing an Area in Excess of Five Thousand
(5,000 S.F.)Square Feet of Ground Surface?
6 Is there a Natural Water Course Running through the
Site?Is this Project within the Trustees jurisdiction
General DEC SWPPP Requirements: or within One Hundred(100')feet of a Wetland or
Submission of a SWPPP is required for all Construction activities involving soil Beach?
disturbances of one(1)or more acres:including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes Elare part of a larger common plan that will ultimately disturb one or more acres of lands; which Exceed Fifteen(15)feet of Vertical Rise to
Including Construction activities involving soil disturbances of less than one(1)acre where One Hundred(100')of Horizontal Distance?
the DEC has determined that a SPDES permit is required for storm water discharges, p
(SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit O Will Driveways,Parking Areas or other impervious
for Storm Water Discharges from Construction activity-Permit No.GP-0-10-001.) Surfaces be Sloped to Direct Storm-Water Run-Off 1:1
1.The SWPPP shall be prepared prior to the submittal of the NOI. The NOI shall be into and/or in the direction of a Town right-of-way?
submitted to the Department prior to the commencement of construction activity.
2.The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, 1:1
required,post-construction storm water management practices that will be used and/or Removal of Vegetation and/or the Construction of any
constructed to reduce the pollutants in storm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder
compliance with the terms and conditions of this permit. In addition,the SWPPP shall Area?(This item will NOT include the installation of Driveway Aprons.)potential sources of pollution which may reasonably be expected to affect the
quality of storm water discharges. NOTE:If Any Answer to Questions One through Nine is Answered with a Check Mark
3.All SWPPPs that require the post-construction storm water management practice in a Box and the construction site disturbance is between 5,000 S.F.&1 Acre in area,
component shall be prepared by a qualified Design Professional Licensed in New York a Storm-Water,Grading,Drainage&Erosion Control Plan is Required by the Town of
that is knowledgeable in the principles and practices of Storm Water Management. Southold and Must be Submitted for Review Prior to Issuance of Any Building Permit.
(NOTE: A Check Mark(X)and/or Answer for each Question is Re aired for a Completed Application).
STATE OF NEW YORK, -Suffolk SS
COUNTY OF ---------- -------------
That I, -Robert- - -E.Herrmann being duty sworn,deposes and says that he/she is the applicant for Permit,
--- - --- --------- --- ----------
(Name off individual signing Document)
And that he/she is the Agent
----------------------------- ------------------------------------------------------ -------------------------------------
(Owner,Contractor,Agent,Corporate Officer,etc.
Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have performed the said work and to
make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and
that the work will be performed.in the manners set forth in the application filed herewith.
Sworn to before me this;
---------- 2nd----- d of,May ---------- 120 24
Notary Pu
(sign of Applicant)
FORM - 06/10 Notary Public-State of New York
No.01 ST5015931
Qualified in Suffolk County
My Commission Expires August 02,20-
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a e SURVEY OF PROPERTY
e SITUATE
���o ►�°° SOUTHOLD
TOWN OF SOUTHOLD
li�-$ SUFFOLK COUNTY, NEW YORK
� �¢ / �� 4• .' ��, S.C. TAX No. 1000-78-05-04
�y 4 a• / \ �0�� SCALE 1"=20'
OCTOBER 26, 2023
DECEMBER 19, 2023 ADD PROP. GENERATOR & PROPANE TANK
�9 \ APRIL 5, 2024 REVISED MAP
,g0 •�P `moo
TOTAL AREA = 21 ,679 sq. ft.
/ e y�o �� 0.498 ac.
o BUILDABLE LAND AREA = 19,540 sq. ft.
UNDERWATER LAND AREA = 2,139 sq. ft.
' P� �oAa�4 ��'�� CERTIFIED T0:
4 e' 4 'Y c+y �„ J1Y
mpg Q; s 'g 00 \ ° ROBERT F. SPITZENBERG
a Q .� \ s '4: �O 'Pi0 7r. �tJ` %�y fn•O.
a' @ D o �y, PROPOSED COVERAGE DATA
p? A OVER BUILDABLE LAND AREA (19,540 sq. ft.)
• °: DESCRIPTION AREA % LOT COVERAGE
�. HOUSE 1 ,546 sq, ft. 7.9%
•'i4 O•.': S� f
a,• / e \ X06pt'o
��\ GG �� A °oA oy�o ti� �F, ( \ \ REAR RAISED WOOD DECK 330 sq. ft. 1 .7%
� "o min n o o FOP e,�° _—_ry \
Ao \� � b� o�y �� s \ \ � PROPOSED FRONT PORCH 109 sq. ft. 0.6%
01, �k I y �1 TO 1 AL 1,985 sq. ft. 10.2%
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Q.:a y� MAY 3 2"724
4' 4 a p�3 •a O.� Y
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UNAUTHORIZED ALTERATION OR ADDITION
k�• ..,, TO THIS SURVEY IS A VIOLATION OF
QJ a SECTION 7209 OF THE NEW YORK STATE
,ya EDUCATION LAW.
S'A "
cj Q, Q O ' COPIES OF THIS SURVEY MAP NOT BEARING
\ THE LAND SURVEYOR'S INKED SEAL OR
a
EMBOSSED SEAL SHALL NOT BE CONSIDERED
C�lS~�� TO BE A VALID TRUE COPY.
° �+ CERTIFICATIONS INDICATED HEREON SWILL RUN
�• ONLY TO THE PERSON FOR WHOM THE SURVEY
I TO THE
TIT E C0�AND ON HIS
GOVERNMENTAGENCY AND
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI—
�00O 41 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
pBG�O THE EXISTENCE OF RIGHT OF WAYS
4y AND/OR EASEMENTS OF RECORD, IF
Fyp B (o ANY, NOT SHOWN ARE NOT GUARANTEED.
?�j`� HE V PREPARED IN ACCORDANCE WITH THE MINIMUM Nathan Taft Corwin III
BY T L.IDS.A.L.S.R TITLE SURVEYS AS ESTABLISHED
D S. AND APPROVED AND ADOPTED
FOR SUCH USE BY THE NEW YORK STATE LAND
'v6'.p TITLE ASSOCIATION. Land Surveyor
Successor To: Stanley J. Isaksen, Jr. L.S.`� P� •� T•C�'••eO,p Joseph A. Ingegno LS.
Title Surveys — Subdivisions — Site Plans — Construction Layout
Tk z PHONE (631)727-2090 Fax (631)727-1727
OFFICES LOCATED AT MAILING ADDRESS
e �•` t O o 1586 Main Road P.O. Box 16
' Jamesport, New York 11947 Jamesport, New York 11947
s'�.0SO46l ••'J�',
C Q N.Y.S. Lic. No. 50467 E—Mail: NCorwin3®aol.com
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